The Ultimate Rule of Law

The Ultimate Rule of Law

David M. Beatty
你有多喜欢这本书?
下载文件的质量如何?
下载该书,以评价其质量
下载文件的质量如何?
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared.
Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.
Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
年:
2004
出版社:
Oxford University Press
语言:
english
页:
216
ISBN 10:
0199269807
ISBN 13:
9780199269808
文件:
EPUB, 338 KB
IPFS:
CID , CID Blake2b
english, 2004
线上阅读
正在转换
转换为 失败

关键词